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Home My WebLink AboutMINUTES - 02072006 - C.1 Scanning Worksheet — CCC Clerk Of The Board Pallet number Box number Date processed Number of maps Large Format Non-scan able Prepped by Indexing Information Form Type Date (YYYY IDD) D-00 ko --Oa--01 14genda Item j Subject In Department n^ A Description Indexed by Scanning Information Scanned by Page count Flatbed scanner Yes / No Number of Flatbed Scans: Folder Damage Item Name Description Auditing Information Audit performed by COB Scanning Worksheet Rev 2 �E_sEAL,°� C TO: BOARD OF SUPERVISORS �-=� - Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR n' ° f � Costa DATE: February 7, 2006 �STa �o County SUBJECT: Adopt Resolution approving the exchange of real property rights between D R Properties, LLC and Contra Costa County, in connection with the State Route 4 West Gap Project [SCH#950430291 Rodeo area. District H. Project No. 4660-6X4152 Task: ACQ Account No. 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: A. APPROVE the Right of Way Contract and ACCEPT the Easement Deed dated January 9, 2006, from D R Properties,LLC. B. AUTHORIZE Public Works Director to execute said Right of Way Contract C. AUTHORIZE the Chair,Board of Supervisors, to execute the Quit Claim Deed on behalf of the County D. DIRECT the Real Property Division to have the above referenced Easement Deed recorded in the Office of the County Recorder. Financial Impact: County and D R Properties,LLC have agreed to an equal value exchange for the property rights. Reasons for Recommendations and Background: These property rights are required for the State Route 4 West Gap project in accordance with the approved plans and specifications. Consequences of Negative Action: The project will not have sufficient land rights for its compl Continued on Attachment: SIGNATURE: _✓kECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVETHER SIGNATURE(S): ACTION OF BOA D N&g:!!f2V-4A-0L'W-r 04 geolgAPPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT I hereby certify that this is a true and correct copy of an action AYES: NOES: taken and entered on the minutes of the Board of Supervisors ABSENT: ABSTAIN: on the date shown. G:\GrpData\RealProp\2006-Files\BOs&Res 06\BO SR4 West Gap.doc /rµ�� O / Orig.Div: Public Works(R/P) ATTESTED: •(aQ b Contact: L.Lucy Owens(313-2229) JOHN SWEETEN,Clerk of the and of Supervisors and cc: County Administrator County Administrator Auditor-Controller(via R/P) P.W.Accounting 1.Bergeron,Computer Services Recorder(via R/P) By Deputy 1.Bergeron,Computer Services Grantee a,�.r �� ur ti �� + \_ .;,� `v +. �, THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 7, 2006, by the following vote: AYES: Uilkema, Piepho,DeSat lnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ (Gov. Code § 25526.5) SUBJECT: ADOPT Resolution No. 2006/ approving the exchange of real property rights between D R Properties,LLC and Contra Costa County,in connection with the State Route 4 West Gap Project. [SCH No. 95043029] Project No. 4660-6X4152 Rodeo Area. District H. The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property rights on October 8, 1999, as Series No. 99-266960 described in Exhibit "2" attached hereto, in connection with a highway project. Said property interest is DETERMINED to be surplus and no longer necessary for County or other public purposes. The parcel was purchased with Contra Costa Transportation Authority funds. A portion of the land rights owned by D R Properties, LLC, as described in Exhibit "1" attached hereto, is required by the County as part of the State Route 4 West Gap project. This Board hereby APPROVES the equal value exchange of all the County's interest in said surplus land rights pursuant to Government Code Section 25526.5, and the Chair, Board of Supervisors, is hereby AUTHORIZED to execute,on behalf of the County, a Quitclaim Deed to D R Properties,LLC for the property rights described in Exhibit"2"attached hereto.The Real Property Division is DIRECTED to cause said Quitclaim Deed to be delivered to the grantee. The Easement Deed from D R Properties, LLC, dated January 9, 2006, for the land rights described in Exhibit "1" is hereby ACCEPTED and the County Real Property Division is DIRECTED to have said easement recorded in the Office of the County Recorder. LLO:eh I hereby certify that this is a true and correct G:\GrpData\RealProp\2006-Files\BOs&Res 06\BR26 DR Properties LLC.doc copy of an action taken and entered on the minutes of the Board of Supervisors on the Orig.Dept.: Public Works(R/P) date shown. Contact: L.Lucy Owens(313-2229) cc: Public Works Accounting ATTESTED: 7 TiOOA 1.Bergeron,Computer Services JOHN SWEETEN,Clerk the Board of Public Works Records Supervisors and Count Administrator Grantee(via R/P) Recorder(via R/P) By Deputy Community Development Dept RESOLUTION NO. 2006/ Recording Requested By: EXHIBIT "1" Contra*Costa County When Recorded Return to: Contra Costa County Public Works Department 255 Glacier Dr. Martinez, CA 94553 Attn: L. Lucy Owens SPACE ABOVE THIS LINE FOR RECORDER'S USE Portion of A.P.N. 358-030-021 EASEMENT DEED For Value Received, D R PROPERTIES, LLC, a California Limited Liability Company, hereinafter called the GRANTOR and CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter called the GRANTEE, WITNESSETH: That the GRANTOR, for value received, hereby grants to the GRANTEE a perpetual easement and right of way for the purposes of laying down, constructing, reconstructing, removing, replacing, repairing, maintaining, operating and using, as the GRANTEE may see fit, for leachline/sewer purposes, a pipe or pipelines, and all necessary braces, connections, fastenings, fences or other protective barriers or facilities, and other appliances and fixtures for use in connection therewith or appurtenant thereto, in, under, along, and across that certain real property in the County of Contra Costa, State of California, described as follows: SEE EXHIBIT "A" (DESCRIPTION) AND EXHIBIT "B" (MAP)ATTACHED HERETO AND MADE A PART HEREOF. The easement herein granted shall include the right by said GRANTEE, its officers, agents and employees, and by persons under contract with it and their employees whenever and wherever necessary for leachline/sewer purposes, to enter upon said land with personnel, vehicles and equipment, to remove all trees, vegetation and structures thereon that interfere with the purpose for which the easement herein is granted. TO HAVE AND TO HOLD, all and singular, the rights above described unto the GRANTEE and the GRANTEE'S successors and assigns forever. IN WITNESS WHEREOF, the GRANTOR has executed this indenture this day of , 2006. D R Properties, LLC By Randy L. Richey, tuber ATTACH APPROPRIATE ACKNOWLEDGEMENT G:1GrpDatalRealProplSR4bypasslsR4gap\DRProperly_CALDE.2.doc State Route 4 Gap Easement Acquisition D & R Ind. LLC to Contra Costa County Leachfield Supply Line 12-01-05 bls EXHIBIT "A" Real property situated in the Rancho EI Pinole, being a portion of parcel described in the instrument to D and R Industries LLC, as Series Number DOC-99-0288172, filed October 29, 1999 at the Recorders office of Contra Costa County, State of California, described as follows: PARCEL 1 (Leach Iine/Sewer Easement) A strip of land 3.000 meters in width (measured at right angles)-for Sewer/ leachfield supply line purposes further described as follows: Commencing at the most southerly corner of said parcel (DOC-99-0288172) said Point of Commencement being on the northeasterly line of State Route 4 as described in the deed to Contra Costa County filed October 8, 1999 as Series No. DOC-99-266960-00; thence along said northeasterly line of State Route 4 North 67043'15" West, 5.026 meters; thence North 55048'34" East, 18.244 meters to the Point of Beginning for the Herein described strip of land; thence leaving said Point of Beginning, North 67043'15" West, 28.131 meters; thence North 67017'06" West, 119.427 meters; thence South 48007'42" West, 16.873 meters to said Northwesterly line of State Route 4; thence along said line North 67017'06" West, 3.321 meters; thence North 48007'42" East, 20.194 meters: thence South 67017'06" East, 121.312 meters; South 67043'15" East, 30.107 meters to the southeasterly line of said D and R Industries LLC parcel; thence along said line South 55048'34" West, 3.599 meters to the Point of Beginning for the herein described strip of land. Containing an area of 505 square meters, more or less. EARte4\revise_1ega1\dandR 12-01-05.doe The bearings and distances used in the above description are on the California Coordinate System of 1983 (CCS83) Zone III (1991.35 HPGN). Multiply distances shown by 1.000060 to obtain ground distances. This real prop,prty description has been prepared by me, or under my direction in conform a with the Professional Land Surveyors Act Oian . Stockinger, PLS ��.atocvt�,,�c<��:. NO.639 Date: r /0,/ Professiona Lanzi Surveyor No. 6995 �hgTFOFCA.-I �s E:\Rte4\revise_legal\dandRl2-01-05.doc 99 213 7 EXHIBIT 99 B e trtc N- �� 119 1),� S67-43-15" 30.107m 28.131 m N67°43'15" W S 55'48'34" W N67°43'15" W P'0'b' Z 3.599m � 5.026m //S 48°07'42" W P.O.C. 20.194m DETAIL \ N 48'07'42" E \ 16.873m nts D & R Ind. LLC 61 Op p� 7), SOe s S� 3.321 m Opp7?7 ty �2 Mf°s ESQ N67° 17'06"W FvS 79• Of 9,,. 6449-1 1' 414, 10, S 6 \1 p8, 696 199 0 G� PC J Sta 41+43.21613 f Leachfield Supply Line Easement LAND s D and R Industries LLC to Contra Costa County B CAN L. Gam` a SCALE 1.100 # dl Exp. 9-30-07 UM DATE 1/04i No. LS 6995 DWN BY Brinn Q T 3440 VINCENT ROAD, PLEASANT HILL , CA 94523 SHEET i OF 4F OF CAL�F��\ (925) 974-1550 FAX: (925) 256-1250 RIGHT OF WAY CONTRACT RW 4-3F, Page 1 of 2 D R Properties RIGHT OF WAY CONTRACT Exhibit 1 in the form of an Easement Deed and Exhibit 2 in the form of a Quitclaim Deed have been executed and delivered to L. Lucy Owens, Real Property Agent for Contra Costa County. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration of said document and shall relieve the County of all further obligation or claims on this account, or on account of the location, grade or construction of the improvement. Grantor will convey to County the property described in the Easement Deed attached hereto as Exhibit 1" and incorporated herein by reference. 2. County will quitclaim to Grantor the area described_ in the Quitclaim Deed attached hereto as Exhibit "2" and incorporated herein by reference. The leachline/sewer easement was previously acquired from Grantor's predecessor, and has since been determined not to be required for the highway project for which it was acquired. Grantor and County agree that the exchange of property rights described herein constitutes full compensation to both parties for the conveyance of the subject properties and for all damages of every kind and nature accruing by reason of County's use and acquisition of Grantor's property. 3. Grantor acknowledges that the County will quitclaim the area previously acquired for the leachline/sewer easement to G.rantor. Both Grantor and the County. have mutually agreed that the exchange of property rights will satisfy both the County's project requirements and the Grantor's compensation. G:\GrpData\RealProp\SR4Bypass\SR4GAP\DRproperties_RW.doc 10/26/05 r , RIGHT OF WAS'CONTRACT RW 4-3E Page 2 of 2 4. This Agreement shall inure to the benefit of and shall be binding upon the parties to this Agreement and their respective heirs, successors, and assigns. COUNTY GRANTOR CONTRA COSTACOUNT D R PROPERTIES, LLC By �/� vJ 1�,+� By .� Randy L. Richey, Me er Date: (Date of Approval) Recommended for Approval: Date (Date signed by Grantor) By L. Lucy O ens, Re 'Pro erty Age By �-- ren Laws, rincipal Real Property Agent NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED G:\GrpData\RealProp\SR4Bypass\SR4GAP\DR.doc 10/26/05 G:\GrpData\RealProp\SR4Bypass\SR4GAP\DRproperties—RW.doc 10/26/05 EXHIBIT "2" Recorded at the request of: D R PROPERTIES Return to: D R PROPERTIES C/O R. Richey 2825 Franklin Canyon Road Rodeo, CA.94572 Portion of Assessor's Parcel No. 358-030-021 QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Does hereby remise, release and forever quitclaim to D R PROPERTIES, LLC, a California Limited Liability Company the following described real property in the City of unincorporated area of the County of Contra Costa, State of California, SEE EXHIBIT "A" (DESCRIPTION) AND EXHIBIT "B" (MAP) ATTACHED HERETO AND MADE A PART HEREOF. Dated this day of �'c�ru.�y5� . 2000 CONTRA COSTA COUNTY Date:?64UA*1X .6,,;r. may Ch i , oard of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On, •&,;��efore me, Deputy Clerk of the Board of Supervisppr§§, Contra C�osCa County, personally appeared •tYoh» G"0,4_1 who is personally known to me for proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the' str ment. By: eputy Clerk SR4gapQC_DRP State Route 4 Gap Project Quitclaim DR Industries LLC 12/01/05 EXHIBIT "A" Real property situated in the Rancho EI Pinole,.being a portion of that parcel of land described in the Instrument to Howard Kirk and Roger G. Gilmore a partnership recorded October 8th, 1999 as Series No. 99-266960 in the Recorders Office of Contra Costa County, State of California, being all of the real property described as Parcels 56449-6A and 56449-7 in said instrument. This real pr erty description has been prepared by me, or under my direction iAconfor/, e with the Professional Land Surveyors Act k/N,L. Stockinger, PLS CC'�� OF Profession I La Surveyor No. 6995 "" 99 . EXHIBIT B9) etric D o R M. LLC Ilk / Q®be Qa6QdM med PaTCM 56449-SA (r aTCV 66446-7 (pw dewIPIGUO) Q8820 BM Wcafiouo POP deswpgan) Dorn 96-266660 S6>° Dorn 99-266960 10-00-99 06>> 1 S67°43'15"E 7 X91�0 ,, 21 312 26.009m to e 7S.0 Opp t Of Fos(9 \ foo 24.691 m N67043' 1 5"W S45052'58W . 3.350m Ri OR, 9h t o �� UT Quitclaim Easement Rights LAND Contra Costa County to D&R Industries LLC KAN L INGERSG��c SCALE 11 75 Exp, 9- 10-07 URS DATE 1/04/0 No. LS 6995 DW 3440 VINCENT ROAD, PLEASANT HILL , CA 94523 SHBS T 1 OF �r�lF OF CA��F��\� (925) 974-1550 FAX: (925) 256-1250 11 EXHIBIT "B e f ric ��° e D o R Nmdo LLC TOSCO 3.000m Mch§Nd supp1w Me easement t®be OuB4dMmea PaTcM 56"9m7 N 48°07'42"E (easement Q0cal®n PaT descripUan) -20.272m Dec.99-266960 2.013m � S 06" N6 , F 72 7 7 79 3 66'' N67' 1 7'06"W R�9ht 5000 �f 3.399m Way �ti7ity EQs S480 07'42"W event 16.873m STATE ROUTE- 4 Quitclaim Easement RightsLAND P� Contra Costa County to D&R Industries LLC "IAN L, R o STOCKINGEo SCALE 1t 75 Xp_ 9-30-07 MDATE 1/04/06` 41 No. LS 6995 '} 3440 VINCENT ROAD, PLEASANT HILL , CA 94523 DUN BY BLS , �fglF �f CA��F��\p (925) 974-1550 FAX: (925) 256-1250 SHEET 2 OF 2